FRIEDMAN v. BHL REALTY CORP.

4791, 115642/08.

83 A.D.3d 510 (2011)

922 N.Y.S.2d 293

ROBERT FRIEDMAN, Appellant, v. BHL REALTY CORP., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 14, 2011.


Even in light of the arguments raised and evidence submitted inappropriately for the first time in reply (see Azzopardi v American Blower Corp., 192 A.D.2d 453, 454 [1993]), defendant failed to meet its burden to show prima facie that plaintiff's cause of action has no merit. In support of its argument that there was no dangerous condition on the exterior staircase on which plaintiff fell, allegedly because of a pooling of water...

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